{
  "url": "https://openlegislation.uk/national-crime-agency-complaints-and-misconduct-regulations-2013/regulation-62",
  "json_url": "https://openlegislation.uk/national-crime-agency-complaints-and-misconduct-regulations-2013/regulation-62.json",
  "legislation": "uksi/2013/2325",
  "legislation_title": "The National Crime Agency (Complaints and Misconduct) Regulations 2013",
  "legislation_url": "https://openlegislation.uk/national-crime-agency-complaints-and-misconduct-regulations-2013",
  "path": "regulation/62",
  "kind": "regulation",
  "number": "62",
  "heading": "Special cases: recommendation or direction of IOPC DG",
  "text": "(1) Where the appropriate authority has submitted, or is required to submit, a memorandum to the IOPC DG under regulation 57(5), the IOPC DG may make a recommendation to the appropriate authority that it should certify the case under regulation 57(3).\n(2) If the IOPC DG determines to make a recommendation under this regulation, the IOPC DG shall give a notification—\n(a) in the case of a complaint, to the complainant and to every person entitled to be kept properly informed in relation to the complaint under regulation 14; and\n(b) in the case of a recordable conduct matter, to every person entitled to be kept properly informed in relation to that matter under that regulation.\n(3) The notification required by paragraph (2) is one setting out—\n(a) the findings of the special report; and\n(b) the IOPC DG’s recommendation under this regulation.\n(4) Regulation 16 (exceptions to the duty to keep the complainant informed and to provide information for other persons) shall have effect in relation to the duties imposed on the IOPC DG by paragraph (2) as they have effect in relation to the duties imposed on the IOPC DG by that regulation.\n(5) Except so far as may be otherwise prohibited by regulation 16, the IOPC DG shall be entitled (notwithstanding any obligation of secrecy imposed by any rule of law or otherwise) to discharge the duty to give a person mentioned in paragraph (2) notification of the findings of the special report by sending that person a copy of the report.\n(6) It shall be the duty of the appropriate authority to notify the IOPC DG whether it accepts the recommendation and (if it does) to certify the case and proceed accordingly.\n(7) If, after the IOPC DG has made a recommendation under this regulation, the appropriate authority does not certify the case under regulation 57(3)—\n(a) the IOPC DG may direct the appropriate authority so to certify it; and\n(b) it shall be the duty of the appropriate authority to comply with any such direction and proceed accordingly.\n(8) Where the IOPC DG gives the appropriate authority a direction under this regulation, the IOPC DG shall supply the appropriate authority with a statement of the IOPC DG’s reasons for doing so.\n(9) The IOPC DG may at any time withdraw a direction given under this regulation.\n(10) The appropriate authority shall keep the IOPC DG informed of whatever action it takes in response to a recommendation or direction.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in Regulations substituted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), reg. 30(2)(a) (with regs. 30(3), 37)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in Regulations substituted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), reg. 30(2)(c) (with regs. 30(3), 37)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in Regulations substituted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), reg. 30(2)(b) (with regs. 30(3), 37)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Words in Regulations substituted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), reg. 30(2)(d) (with regs. 30(3), 37)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Reg. 62 in force at 7.10.2013, see reg. 1(1)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2013/2325/regulation/62",
    "retrieved_at": "2026-10-29T00:41:21.235354+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}